Ferreira v. Timor

District Court of Appeal of Florida

Ferreira v. Timor

590 So. 2d 1097, 1991 Fla. App. LEXIS 12737, 1991 WL 272757

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1991

DocketNo. 90-2159

StatusPublished

This text of 590 So. 2d 1097 (Ferreira v. Timor) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferreira v. Timor, 590 So. 2d 1097, 1991 Fla. App. LEXIS 12737, 1991 WL 272757 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Ricardo Ferreira appeals an order approving the report and recommendation of the general master which denied a motion for visitation. After review of the record herein, we conclude that, although the matter was vigorously contested, there was substantial competent evidence supporting the findings and recommendations of the general master.

Without attempting to review all of the facts, the father places emphasis on the polygraph results which were admitted into evidence by stipulation. That stipulation was only that the results could be placed in evidence, and was not a stipulation that the results were to be dispositive. The trier of fact “can give exculpatory polygraph test evidence admitted upon stipulation whatever weight it chooses ...,” Farmer v. City of Fort Lauderdale, 427 So.2d 187, 190 (Fla.), cert. denied, 464 U.S. 816, 104 S.Ct. 74, 78 L.Ed.2d 86 (1983), and may reach a factual determination contrary to the polygraph results where there is other substantial competent evidence to support the court’s finding. Id. (jury “can convict on the basis of other incriminatory evi-dence_”) (citation omitted); Coney v. State, 258 So.2d 497 (Fla. 3d DCA) (“The weight to be given the results of the test ... was for the jury.”), cert. denied, 262 So.2d 448 (Fla.1972). Here, there was other substantial competent evidence supporting the findings the master made.

The father strongly attacks the reliability of the testimony offered by the mother’s experts. The evaluation of the testimony of the various experts was a matter properly presented to, and resolved by, the general master.

The father alternatively contends that the master should have ordered supervised visitation immediately, instead of deferring visitation pending psychological treatment and further recommendations to the court by the treating and court-appointed psychologists. The master’s recommendation follows the evaluation and recommendation of the court-appointed psychologist, the reasons for which the psychologist gave both in her report and trial testimony. There is a substantial basis in the record for the master’s recommendation on this point.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Ricardo Ferreira appeals an order approving the report and recommendation of the general master which denied a motion for visitation. After review of the record herein, we conclude that, although the matter was vigorously contested, there was substantial competent evidence supporting the findings and recommendations of the general master.

Without attempting to review all of the facts, the father places emphasis on the polygraph results which were admitted into evidence by stipulation. That stipulation was only that the results could be placed in evidence, and was not a stipulation that the results were to be dispositive. The trier of fact “can give exculpatory polygraph test evidence admitted upon stipulation whatever weight it chooses ...,” Farmer v. City of Fort Lauderdale, 427 So.2d 187, 190 (Fla.), cert. denied, 464 U.S. 816, 104 S.Ct. 74, 78 L.Ed.2d 86 (1983), and may reach a factual determination contrary to the polygraph results where there is other substantial competent evidence to support the court’s finding. Id. (jury “can convict on the basis of other incriminatory evi-dence_”) (citation omitted); Coney v. State, 258 So.2d 497 (Fla. 3d DCA) (“The weight to be given the results of the test ... was for the jury.”), cert. denied, 262 So.2d 448 (Fla.1972). Here, there was other substantial competent evidence supporting the findings the master made.

The father strongly attacks the reliability of the testimony offered by the mother’s experts. The evaluation of the testimony of the various experts was a matter properly presented to, and resolved by, the general master.

The father alternatively contends that the master should have ordered supervised visitation immediately, instead of deferring visitation pending psychological treatment and further recommendations to the court by the treating and court-appointed psychologists. The master’s recommendation follows the evaluation and recommendation of the court-appointed psychologist, the reasons for which the psychologist gave both in her report and trial testimony. There is a substantial basis in the record for the master’s recommendation on this point.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

590 So. 2d 1097, 1991 Fla. App. LEXIS 12737, 1991 WL 272757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferreira-v-timor-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack